A lot of clients looking for help from the Accident & Work Injury Law Group and those seeking a good workers compensation attorney in El Cajon, CA, often come to us with a question along the similar lines: “does my injury qualify as work related?” They would often notice they are experiencing pain while working and are often referred to us by their colleagues who had our help in winning a case. However, as they did not experience a specific accident, they are often told by their employer’s representatives they do not have a case because their injury was pre-existing.
Does Your Injury Qualify?
The answer to this question varies, but if you can prove that your physical condition was caused, accelerated or aggravated by the activities in the line of duty, there is a big chance you could have a case. Still, there’s a lot of “ifs” and “buts” involved. Generally, if you already had a physical issue and your job only accelerated the problem, you may be entitled to benefits. However, if you have suffered back or neck pain for months and claim that you hurt your back or neck today in the line of duty, you will have to present evidence such as MRI scans to prove your claim. If you checked in with your doctor a few months ago for the pain in your back and it only came back after something you did at work agitated it, for example something like lifting a heavy object, your case would be much stronger.
How Can You Prove Your Case?
The safest way to prove your case is to have a medical specialist deliver a report that clearly states what caused your condition and proves that it was, at least partially, made worse by your job duties. However, since medical workers don’t understand the law, they could ruin your case and not even know it. This is the right time to bring a professional workers compensation lawyer in. An attorney will deliver a letter to the doctor explaining what points need to be covered in the report. This does not by any mean encourage the doctor to lie, only to present the facts thoroughly from the law’s perspective. For example, if you experience neck pain and ask the doctor if your job caused the problem, they would say no if you are old or have a history of neck pain.
However, if you ask the doctor whether your job duties contribute to your neck problems getting worse, and you explain how your daily activities agitate your neck pain, the same doctor would probably agree that your job is making your condition worse. This is usually what makes or breaks your case. If your line of work is making your pain worse, getting your doctor to understand how your duties make this condition worse and what needs to be covered from the court’s perspective could be what wins your case.
Looking for the Most Reliable Workers Compensation Attorney in El Cajon, CA?
The Accident & Work Injury Law Group is a seasoned and respected law group serving San Diego, El Cajon, Chula Vista and other areas. Our vast experience of over 20 years ensures that we know every aspect of the law required to win a workers compensation case. We treat each client with respect and recognize that each client has a different background. We believe in fighting for your rights and standing up for hard-working individuals. Contact us today for a free consultation online or at 1-800-300-6175.
